Quote:
Originally Posted by PT145SS
Under property owner rights we have the right to allow guns or not allow guns on our property. The laws are usually pretty clear. And if someone trespasses on private property with a gun for nefarious reasons, the property owners has a right (at least in Texas) to take care of business. Not so cut and dry with drones. Is there defined airspace above private property that would constitute trespass? Should there be... I don't know. Airplanes travel overhead every day.
Someone sunbathing in a backyard behind a privacy fence may or may not have a reasonable expectation of privacy. It’s a lot harder (not impossible) for someone with a camera and telephoto lens to obtain a point of view that sees into a backyard with a privacy fence. A drone can allow someone a point of view that otherwise would not be accessible by other/more common means. Then there are issues like you mentioned... noise. If I'm trying to enjoy my backyard and someone flies a drone nearby all day long, they could be interfering with the enjoyment of my backyard. Most noise ordinances not only have decibel and time components, they also have annoyances/nuisances elements as well. Kind of like a barking dog. They may never reach decibel levels to warrant a ticket but if they are incessant with their barking, a ticket could certainly be issued. I could see this as an issue with noise from a drone.
Model RC planes have not had this issue because they require (in most cases) space for runway and etc. As a result they fly in suitable and designated places, but they can still enjoy their hobby. Drones/mutlichopers on the other hand are not restricted in this manner and are being flown in places that may or may not be appropriate. Regardless of technology, property owners still have property rights and individuals still have a reasonable right to privacy and in most regards those rights outweigh your right to fly drones.
At some point, the legislature or the courts will need to strike a balance between those rights. Just like guns. You can have and carry a gun all you want, you just can’t do it on my property if I don’t want you to.
BTW, on a side note… I own and carry a gun every day. I respect the rights of property owners who post the correct signs to keep me from carrying on their property. I usually choose to not do business with them if I can but I respect their rights. Public places, they should have no right to tell me I cannot carry there because my right to self-preservation and defense outweighs the public’s right to keep me from carrying. The same with drones… There are no property ownership rights in public places and no reasonable expectation of privacy and unless there is some safety concerns about flying that outweigh your freedom to do so… than I say fly on.
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I agree that you have a right to guns on your property.
Strictly speaking, though...you do not own the minerals under it NOR the air over it. That is called airspace, and is regulated differently. A drone or plane over your property is technically not ON your property. There are exceptions to this, as some airspace is restricted or military.
That being said, there are laws against encroaching or bothering people...shooting at air traffic above your house, however, is against FAA regulations. If a helicopter was hovering 1000 feet over your property, would you shoot at it? No, and it's likely you would go to prison for a LONG time if you did so. The better option is to call police (or the FAA) and report it.
Just shooting at ANY aircraft over your house would be risky as far as as how they could and would penalize you. Even the guy that shot at that quad had to go to court and pay fines over what he did. The pilot is currently suing him for the damages to his quad, and is likely to win that since he has evidence he wasn't even over the guys house.
http://www.cnet.com/news/man-shoots-...ng-over-house/